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(영문) 인천지방법원 2015.11.17 2013가합11825
분양대금반환 등
Text

1. The defendant Korea Land Trust Co., Ltd. and the New Master Construction Co., Ltd. jointly share 11,140,000 won for the plaintiff A.

Reasons

1. Basic facts

A. Defendant New Name Construction Co., Ltd. (hereinafter “Defendant New Name Construction”) is a contractor and a contractor of a new construction and sale of G apartment units (hereinafter “instant apartment units”) with a scale of 1,002 square meters on the ground of 33,836.524 square meters of land in the Young-gu Incheon Metropolitan City, Incheon Metropolitan City (hereinafter “Yong-gu”) and is entrusted with the execution of the instant apartment units, management of funds, administrative affairs, etc. from Defendant New Name Construction Co., Ltd. (hereinafter “Defendant Land Trust”).

B. The Plaintiffs are several buyers who concluded a sales contract with the Defendant’s land trust regarding the instant apartment.

Among the plaintiffs, the sale price of the apartment of this case sold by plaintiffs A, B, and C and the date of conclusion of the sale contract are as listed below:

A A 104 104 107.016 57.016 22,800,000 2 B B on January 21, 2010 21, 207 207 57.016 207,200,000 3 C C on December 28, 2009

C. Defendant Korea Exchange Bank Co., Ltd. (hereinafter “Defendant Korea Exchange Bank”), Defendant Nonghyup Bank Co., Ltd. (hereinafter “Defendant Nonghyup Bank”), and Defendant Nonghyup Bank Co., Ltd. (hereinafter “Defendant Nonghyup Bank”) are financial institutions that extended part payments to buyers of apartment buildings of this case, including the Plaintiffs. Defendant Korea Housing Finance Corporation (hereinafter “Defendant Housing Finance Corporation”) guarantees the obligation to return part payments to Defendant Korea Exchange Bank and Incheon Savings Bank.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 7 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the claim for damages against the Defendant’s land trust and new construction by the Plaintiff A, B, and C

(a) The establishment of liability for damages caused by false or exaggerated advertisements is one of the indication and advertisement.

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